P.R

The Endonezyaca gelinleri newest claimant taken out handicapped widow’s insurance professionals towards worker’s money record, nevertheless the Assistant refused their own software because the claimant failed to meet the nine-month period-of-relationships requisite in the 42 U.S.C. 416(c). It denial try kept from the district legal. The new claimant after that appealed on the U.S. Courtroom out-of Is attractive into the First Routine. The newest court away from is attractive detailed one to Puerto Rico doesn’t accept common-law marriages and therefore the needs to own starting a legitimate matrimony from inside the Puerto Rico are ready forth when you look at the Blog post 69 of one’s Municipal Code, 31 L.A. § 231. The fresh courtroom unearthed that, in this situation, the requirements of Post 69 have been obviously maybe not satisfied nine months ahead of the worker’s passing. The new court subsequent discovered that the brand new claimant’s constitutional “equal shelter” attack toward 9-week cycle-of-relationship requirements is incorrect under Weinberger v. Salfi, 422 You.S. 749, 95 S.Ct. 2457, 45 L.Ed.2d 522 (1975), and you may Mathews v. de- Castro, 429 You.S. 181, 97 S.Ct. 431, 50 L.Ed.2d 389 (1976). The newest claimant as well as contended you to, since the she try the brand new worker’s concubine, she got a right lower than Puerto Rican rules so you’re able to inherit regarding the new worker’s house due to the fact his widow, and you can she might be considered to get the widow of your staff below 42 U.S.C. 416(h)(1)(A). The court out of is attractive discovered that, not as much as Puerto Rican law, a great concubine out of an employee enjoys a directly to a share of the house acquired during the period of concubinage but really does n’t have a directly to inherit a great widow’s express of your own dead worker’s intestate individual property. Ergo, the fresh claimant cannot become deemed to be this new widow from this new staff member under 42 You.S.C. 416(h)(1)(A) of the application of regulations off Puerto Rico to the intestate sequence. When you look at the upholding the newest section court’s decision affirming the fresh Secretary’s denial off it allege getting widow’s masters, the latest court out-of is attractive held that claimant wasn’t entitled so you can advantages due to the fact disabled widow of your own staff.

Appellant Esther Ayuso Morales desired Personal Defense disability positives depending their unique position as the “widow” of the insured employee Honorio Montanez Figueroa. Under 42 You.S.C. § 416(c) to meet the requirements given that a “widow” a woman must have become married for around 9 months at the time of their particular husband’s dying. Appellant’s wedding took place during the 9-month months. Professionals were rejected.

She debated you to definitely, as the she as well as the employee had cohabited to own two decades prior on day of the ceremonial relationship, its cohabitation got turned its matchmaking to the a legal relationship better before 9-times several months

Towards the attract, she appetite that she’s nevertheless eligible because she cohabited having their partner for twenty years before the relationship. She contributes one to, anyway, below 42 You.S.C. § 416(h)(1)(A) a candidate was a good widow in the event the she would, “underneath the statutes . . . [regarding Puerto Rico] deciding the devolution off intestate personal property, have the same standing . . . as a partner . . . [or] widow. . . .” Pick fundamentally, Rombauer, Relationship Condition and you can Qualification for Government Legal Money Positives: A historical Survey, 52 Tidy.L.Rev. 227, 257 mais aussi. seq. (1977). She states your concubinage rules out-of Puerto Rico brings their own such as for example reputation.

We cannot accept appellant’s earliest dispute. We know that some traditional laws jurisdictions acknowledge non-ceremonial or “common-law marriages.” This type of marriage ceremonies are designed because of the concur of the activities due to the fact every other contract. F.W. Kuchlar, Legislation regarding Engagement and Relationship 1-5 (2d ed. 1978); get a hold of O.Age. Koegel, Common law ent in america (1922). But common law marriages aren’t recognized inside the Puerto Rico. Brand new requisites regarding a legitimate wedding into the Puerto Rico are set forward into the Article 69 of the Civil Code, 30 L.A beneficial. § 231. Integrated among these requisites is the “[a]uthorization and affair away from an effective matrimonial deal depending on the models and you will solemnities recommended by-law.” In the lack of these types of forms and you may solemnities, there is no wedding. Rivera v. District Judge regarding San Juan, 58 R. 352, 354 (1941); Vazquez Bote, Notas sobre el matrimonio durante derecho puertoriqueno, 49-56 Rev. 491, 493-94, 510-12 (1973-75). E. Lalaguana Dominguez, Estudios de derecho matrimonial 244-forty five (1962).